ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY LENIN CENTRE, VIJAYAWADA
NIT no. 01/TT/2022/MAU61-OPESOSERU(ESTL)51/2020-OM/2nd Call Dt.02.01.2023.
NOTICE INVITING TENDER FOR ENGAGEMENT OF STATUTORY AUDITOR FOR AUDIT
& OTHER ASSIGNMENTS FOR APCRDA
DIRECTOR (Accounts) APCRDA,
LENIN CENTRE, VIJAYAWADA - 520002 ANDHRA PRADESH
Ph: 9010687509, Email: srinivasarao.bandla@apcrda.org
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CONTENTS
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S. No.
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TITLE
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Pg no.
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1
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SCHEDULE OF BIDDING PROCESS
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3
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2
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SCOPE OF WORK
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4-6
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3
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INSTRUCTIONS TO BIDDERS
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7-15
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4
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ELIGIBILITY CRITERIA
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9-10
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5
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FORMS FOR BIDDING
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16-25
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6
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CONDITIONS OF CONTRACT
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26-31
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7
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SPECIAL CONDITIONS OF CONTRACT
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32-33
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1. SCHEDULE OF BIDDING PROCESS
Request for Proposal (RFP) is invited by the Commissioner of A.P. Capital Region Development Authority, Government of Andhra Pradesh from reputed firms of Charted Accountants for selection of CA FIRMS for APCRDA for the Statutory audit as per Section12A of the Income Tax Act on Quality cum Least cost System. Firms who fulfill the eligibility criteria/ requirements as detailed in this RFP may submit their proposals in the prescribed format.
Tender Notice No: 01/TT/2022/MAU61-OPESOSERU(ESTL)51/2020- OM/2nd Call Dt : 02.01.2023.
The Important dates are as follows:
Bid notification
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05.01.2023.
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Bid document downloading start date
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06.01.2023.
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Bid document downloading end date
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24.01.2023 @ 2.00 PM
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Due date for submission of bids
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24.01.2023 @ 2.00 PM
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Opening of Technical bid
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24.01.2023 @ 2.00 PM
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Opening of Financial bid
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25.01.2023 @ 2.00 PM
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The tender document with complete details of tender such as scope of work including experience required and terms and conditions can be downloaded from the website www.apeprocurement.gov.in and www.crda.ap.gov.in
II. SCOPE OF WORK:
- Introduction :
The Government of Andhra Pradesh proposes to establish „Amaravati‟, as a capital city for the newly formed State. The aspiration is to create a capital that is modern which is for all the people of Andhra Pradesh but also as a centre for skilled migrants, industries, business, professionals from across the world. It would comprise of the best features of urban planning, sustainability and effective governance to create a liveable urban eco-system.
Amaravati will have physical infrastructure that is of best standards with most efficient utilities, environmentally sustainable, functionally smart, technology driven. It will also amalgamate the local cultures, historical roots, involve a socio economic plan to spur rapid and sustainable economic growth. This mix of modernity with continuity will transpire Amaravati as a city with higher degree of livability . It is aspired that t h e city will become a destination for the investors, businesses, education, tourism, research and development
The APCRDA mandated with implementation of the Development Activities within the Capital City Area. The Head Office is located in Vijayawada and is having Units at
Guntur, Mangalagiri, Thullur and Tenali (called Project Implementation Unit/Corridor Management Unit). In the process of development of the city has arrangements for the planning of the mobilisation funds from the various funding agencies such as receipt of the grants from GOI, Govt. of AP , World bank Agency , HUDCO , By raising loans from the banks and pooling of funds from raising of Bonds . To ensure the utilization of the same effectively for the developmental works duly maintaining proper Public Accounting process and documenting the Quality Checks & balances is mandated towards the management of the finances in the authority .
In this regard APCRDA intends to appoint firms of Chartered Accountants, as its Auditors for audit asper section 12A of Income Tax Act for the financial year 2022-23 and also for carrying out other Assignments, Accordingly, APCRDA invites proposal from the eligible Firms of Chartered Accountants (hereinafter referred as Bidder) to enable APCRDA for selection of Auditors.
- Scope of Services:
The Firm shall be responsible for the following works –
- Finalize and submit annual audit reports duly compiling the accounts of APCRDA.
- Conducting audit of accounts of the Authority as per Section 12A of the Income Tax Act for the Financial Year 2022-2023 and other Assignments.
- Timely filing of GST returns.
- Finalization and filing of income tax returns on behalf of APCRDA, Vijayawada well within due date(s).
- Providing IT & GST Replies against notices issued by respective Departments.
- To advise the Authority on Income Tax and GST matters.
- RERA Certificate at periodical intervals for RERA approved project.
- One Qualified Chartered Accountant should be engaged for checking the accounts.
- Preparation/ Compilation, Finalization and Submission of Annual Financials to AG.
- As the Authority in under compulsory scrutiny, Auditors should attend the scrutiny proceedings every year before the income tax authorities.
- Filing of appeals before the CIT (Appeals) besides coordinating with the advocate for presenting the case before the ITAT, Visakhapatnam on all hearings.
- To advise the Authority on all Tax related issues.
- To issue certificates in from No:15-CA &CB for all the Foreign payments to Consultants.
- Attending any other work assigned by the Commissioner/Director Accounts on tax matters.
- Attending AG audit objections/ reports on Accounts and Tax related matters Attending AG audit abjections/reports.
The role of Successful bidder would also include, submission of:
- Quarterly Audit Report
- Audit/Review Report on Quarterly Accounts
- Audit/Review Report on Half Yearly Accounts
- Audit/Review Report on Yearly Accounts
- Issue of Utilization Certificates for Grant Based projects as and when required.
- Physical Verification of Inventory & Fixed Assets on yearly basis.
16 Process of Audit:
- Auditor's field personnel will segregate the audit observations and discuss the same with the concerned section incharge for having an in depth understanding of the issue and prepare the draft audit report accordingly.
- The draft audit report will be discussed by senior level personnel of the audit Firm with the Registrar of the Institute or the representative of the Institute. If the auditor is satisfied the para will be dropped or otherwise the para could be considered and incorporated in the Audit Report.
- All the document receipt during the course of audit should be returned after completion of the audit and it shall be your responsibility to ensure that all documents and information received from the institute will be used exclusively for the internal audit purposes and should be kept confidential and not to be disclosed to third party at any point of time.
- In case any serious financial irregularity and Points relating to grave deficiencies, if found the same may be communicated to the Director and Registrar immediately without waiting for the time of submission of the report.
- As per the requirements of the Institute, the auditors will also be asked to give
presentation on finding in the Audit Reports to the Finance Committee or to the Executive Committee.
- Responsibilities of the Service Provider:
Following are the responsibilities of the Firm (Service Provider) –
a) Engage atleast 10 man days in a Quarter:
- One qualified professional (CA/CMA with at least 3 years post qualification experience)
- One Semi qualified (Inter CA/CMA with three years‟ experience) iii One experienced Audit Assistant
b) Personnel deployed should ensure proper conduct of the deployed personnel in the office premises and should carry Laptops.
c) The personnel deployed should be polite, cordial and efficient and their actions should promote goodwill and uphold the image of APCRDA. The Firm
shall be responsible for any act of indiscipline on the part of the persons deployed.
d) Shall submit their observations on quarterly basis to APCRDA and ensure necessary compliance along with rectification/ correction, if any, within 20 days of receipt of audit observations.
3. INSTRUCTIONS TO BIDDERS
- PROCEDURE FOR PARTICIPATING IN ON LINE TENDERING.
- Online Tendering Process :
a) The tendering process is online at the electronic procurement market place of Government of A.P., that is, www.apeprocurement.gov.in . The tender documents can only be obtained online. Tender will be submitted online on the electronic procurement market place of Government of A.P., that is, www.apeprocurement.gov.in
b) The tenderer needs to register on the electronic procurement market place of Government of A.P., that is, www.apeprocurement.gov.in. On registration on the “e” procurement market place they will be provided with a user ID and password by the system using which they can submit their tender on line.
c) For registration and online tender submission tenderers may contact HELP DESK of M/S Vupadhi Techno Services Pvt. Ltd. www.apeprocurement.gov.in or https://tender.apeprocurement.gov.in
d) While registering on the AP e-procurement market place, bidders need to scan and upload the required documents as per the tender requirements on to their profile.
e) The AP e-procurement market place provides an online self-service registration facility to such of the contractors who are already registered with respective participating department for supply of specified goods and services.
xi) The tenderers may contact the Director Accounts, APCRDA for any information on the tender and „e‟-procurement.
ii. Digital Certificate Authentication:
i) The bidder shall authenticate the Bid with his Digital Certificate for submitting the Bid electronically on ap- eprocurement platform and the bids not authenticated by digital certificate of the Tenderer will not be accepted on ape-procurement platform. The authorised signatory of the intending tenderer, as per the Power of Attorney (PoA) must have a valid digital signature. The tenderer shall upload their tender using digital signatures of the authorised signatory as per the PoA only. The tenders uploaded without being authenticated by the digital signature of authorise signatory will not be accepted on the ape-procurement platform. All the tenderers need to obtain Digital Signature Certificate from APTS. For obtaining Digital
Signature Certificate, please contact: Andhra Pradesh Technology Services Limited, Vijayawada.
2. Fees& Funds to be submitted by the Tenderer:
i) EMD : . Tenderers are also required to furnish EMD Rs.10000.00 as indicated above along with their tender. Failure to provide EMD in the form and manner as stated in the tender documents will lead to rejection of Tender without any further evaluation.
. The EMD can be PAID ONLINE OR UNCONDITIONAL AND IRREVOCABLE BANK GUARANTEE ON RS.100/- NON-JUDICIAL STAMP PAPER, VALID FOR 180 DAYS FROM THE LAST DATE PRESCRIBED FOR SUBMISSION OF TENDERS, IN FAVOUR OF Commissioner APCRDA, Lenin
Centre, Governorpet, Vijayawada.
. The tenderer shall be required to upload the scan copy of transaction slip in token of proof of payment towards EMD along with the tender.
ii) Corpus Fund:
The successful Tenderer should pay an amount 0.04% of ECV (estimated contract value) with a cap of Rs. 10,000 (Rupees Ten thousand only) for all works with ECV up to Rs.50 Crores, and Rs. 25,000/- (Rupees Twenty-five thousand only) for works with ECV above Rs.50 Crores, from successful Tenderers on ape- Procurement platform before entering into agreement / issue of purchase orders, towards e-Procurement fund in favour of Managing Director, APTS. There shall not be any charge towards ape-Procurement fund in case of works, goods and services with ECV less than and up to Rs.10 lakhs.
iii) Transaction Fee:
Tenderer are required to pay Transaction fee of 0.03 % on the Total Cost + GST as applicable to be paid online.
Unless obtained directly from the e-procurement website http://www.apeprocurement.gov.in, the Employer is not responsible for the completeness of the Tender Documents, responses to requests for clarification, the minutes of the pre-Bid meeting (if any), or Addenda to the Tendering
Documents in accordance with ITB 7. In case of any contradiction, documents obtained directly from the Employer shall prevail.
iv) Bid Security:
- The successful tenderer required to furnish Bid Security @ 2% of the bid amount at the time of concluding the agreement . Failure to provide Bid Security in the form and manner as stated in the tender documents will lead to summary rejection of work order duly forfeiting the EMD besides taking action for black listing the firm.
- The BID SECURITY can be PAID in the shape of UNCONDITIONAL AND IRREVOCABLE BANK GUARANTEE ON RS.100/- NON-JUDICIAL STAMP PAPER, VALID FOR 15 Months FROM THE DATE PRESCRIBED FOR conclusion of Agreement payable IN FAVOUR OF Commissioner APCRDA, Lenin Centre, Governorpet, Vijayawada.
- The successful Bidder should hand over the original Bank Guarantee towards the Bid Security in the form of BG should be given to the person to the concerned officials on or before the date indicated in the LOA before entering into agreement .
3. Firms Eligible to participate Eligibility Criteria:
The interested Bidders shall have to comply to the following criteria to participate in the tendering process:-
a) Must be registered with the Institute of Chartered/Cost Accountants of India for not less than 10 years as on as on 31st March 2022. (Self-Attested copy of Registration Certificate issued by Institute to be furnished.)
b) The firm must be empanelled with Comptroller & Auditor General of India & Reserve bank of India. Please mention C&AG Empanelment number and RBI Unique code number of the firm. (Self- Attested copy of latest Comptroller & Auditor General of India Empanelment Letter to be furnished.)
c) The CA firm should have minimum two partners with FCA and should have atleast 10 years continuous association with the firm.
d) Must be having a minimum Five years of experience as on 31st March 2022 during last 10 years in conducting Tax Audit of Central or State Autonomous Bodies and the annual turnover exceeding Rs. 10 Crores. (Self-Attested copies ofAppointment Letters/Agreements/Work Orders issued by such Central or State Autonomous Bodies along with extract of Audited Financial Statements in
support of income or expenditures to be furnished of such Central or State Autonomous Bodies.)
e) Must be registered under Goods & Service Tax Act. (Self- Attested GST Registration Certificate to be furnished.)
f) Must be having minimum Average Annual Financial turn over of Rs.20 Lakh during the last three Financial Years i.e. from 2019-20 to 2021-2022. (Self- Attested copies of Audited Turn over and Balance Sheets to be attached).
g) The firm/ partner has not been debarred/blacklisted by any Bank / State Govt. / Central Govt./ State PSU/ CPSU/SEB/ Public Utility as on date.
h) There should be no legal suit/criminal case pending or contemplated against CA firm on the ground of moral turpitude or for violation of any law in force
Even though the Contractors meet the above Eligibility Requirements, they are subject to be disqualified if they have:
- The Bidder should have not been black listed by any Authority/ Government during last 3 financial years. An undertaking (self-certificate) in this regard that the bidder hasn‟t been black listed by any Central / State Government institutions must be submitted.
4. Submission of Bids:
i) The tenderer shall submit their tender online on e-Procurement portal http://www.apeprocurement.gov.in. The bidders who are desirous of participating in e-procurement shall submit their Technical bids, Price bids, in the Standard Formats prescribed in the Tender documents displayed at „e‟ market place. The tenderer shall invariably upload the Statement showing the list of documents to be produced in support of their Technical bid.
ii) Submission of Tenders shall be closed on e-tendering website at the date and time of submission indicated in NIT after which no tender shall be accepted. It shall be the responsibility of the tenderer to ensure that his tender is submitted online on e tendering website before the deadline of submission.
iii) The tenderer shall be required to furnish a declaration in online( In the format provided ) stating that the softcopies uploaded by them are genuine. Any incorrectness/ deviation noticed will be viewed seriously and apart from cancelling the work duly forfeiting the Bid security, action will be initiated including suspension of business.
5. Bid opening:
i) The Technical Bids of all the tenderers who have submitted a valid EMD shall be opened on date & time as mentioned in Notice Inviting Tender.
ii) The Financial Bids which tenderers have uploaded online will be opened on the date as indicated in Notice Inviting Tender. Financial Bids of only those tenderers whose submissions are found substantially responsive, technically compliant and meeting the qualification requirements as per provisions of tender documents will be opened.
iii) The Employer shall compare the evaluated prices of all substantially responsive bids to determine the lowest evaluated bid.
6. Submission of Original Hard copies of uploaded Documents and further process:
i) The APCRDA shall carry out the financial and technical bid evaluation solely based on the Uploaded Certificates/documents, Online payment / BG towards EMD in the ape-procurement System and open the Price bids of the responsive bidders.
ii) The APCRDA will notify the successful bidder for submission of original hard copies of all Uploaded documents, BG towards Bid Security prior to entering into Agreement.
iii) The successful bidder shall invariably furnish the original BG towards Bid Security, certificates/ documents of the uploaded scanned copies to the agreement authority before entering into agreement either personally or through courier or post and the receipt of the same within the stipulated date shall be the responsibility of the successful bidder. The APCRDA will not take any responsibility for any delay in receipt/ non-receipt of original BG towards BID SECURITY, certificates / documents from the successful bidder before the stipulated time.
iv) On receipt of documents, the APCRDA shall ensure the genuinity of the BG towards BID SECURITY and all other certificates/ documents uploaded by the bidder in ape- procurement system in support of the qualification criteria before concluding the agreement.
v) If any successful bidder fails to submit the original hard copies of uploaded certificates/ documents, BG towards Bid security within the stipulated time or if any variation is noticed between the uploaded documents and the hard copies submitted by the bidder, the successful bidder will be suspended from participating in the tenders on ape- procurement platform for a period of 12 months.
vi) APCRDA reserve the right to verify the credential submitted by the tenderer at any stage (before or after the award the work). If at any stage, any information/documents submitted by the tenderer is found to be incorrect/ false or fake or have some discrepancy which disqualifies the firm then APCRDA shall take the following action:
Disqualify the tenderer from the bidding process and forfeit the entire amount of BID SECURITY submitted by the tenderer.
contractual /
legal action.
vii) The Government as further decided that notwithstanding any existing provisions of the A.P. Public works Department Code as well as other orders and executive instructions in force if any tenderer fails to submit the hard copies of BG for EMD, scanned copy of Transaction Fee, hard copies of uploaded documents for entering into agreement within the stipulated time the tenderer will be suspended and disqualified from participating in the tenders on „ape- procurement plat form‟ for a period of 12 months from the date of bid submission. The suspension of tenderer shall be automatically enforced by the ape-procurement system (As per G.O.Ms. No.6 I&CAD (PW-Reforms) Dept., dt.11.1.2005 and G.O.Ms.No.245I&CAD (PW-Reforms) dept., dt. 30.12.2005).
7. Evaluation And Selection:
a) The proposals shall be evaluated in two stages i.e. technical evaluation and financial Evaluation.
b) The Financial Proposals shall be opened of those Firms who will qualify in the technical evaluation.
c) Selection will be based on LEAST COST BASIS.
d) For financial evaluation, consolidated Audit fee excluding Tax shall be taken into consideration.
The bidder should quote consolidated Audit fee, excluding GST for total contract period of 12 months, as a single lot in the portal.
- Award of Contract
a) Contract shall be awarded to the firm whose evaluated bid price will be the lowest in financial bid.
b) In case two or more technically qualified firms quote the same lowest price, the firm with the highest average annual turnover in last three years shall be awarded the contract.
c) Any effort by a firm to influence APCRDA in its decision on bid evaluation or placement of Work Order may result in rejection of the firm‟s offer.
d) Any legal dispute arising out of this is subject to Andhra Pradesh jurisdiction only.
9. Timeline:
Deliverables to be completed on monthly basis Reports to be completed in quarterly basis.
Accounts/ Reports are to be furnished on annual basis.
The auditor should complete and submit audit report as per the requirement..
10. Payment & Price Validity :
No price variation would be allowed during the contract period.
Any changes in GST rates or imposition of new tax on this service during the contract period will be borne by the Institute.
TDS under Income tax will be deducted at applicable rates.
The department reserves the right to deduct amount from the bill as may be considered reasonable for unsatisfactory services or delay in providing of services. The decision of the Institute will be the final in this regard.
The Service Provider will raise the bill along with Audit Report after completion of all financial activities like balance sheet, preparation Annual ITR & GST filling etc.
Boarding & Lodging will not be be provided by the department during the Audit period.
The fees should be quoted is inclusive of Travelling Allowance.
11. Period of Engagement
a) The engagement shall be for a period of one year i.e. F.Y. 2022-23
b) The contract may be renewed for another 2 or 3 years on yearly basis in the same terms and conditions subject to satisfactory performance of the firm and with the mutual consent of both the parties.
c) The agency shall start providing services (actual engagement of personnel) within 10 days of issue of Letter of Award/ Intimation.
12. Further information regarding submission of bids:
a) The bidders who are desirous of participating in „e‟procurement shall submit their Technical bids, Price bids, in the Standard Formats prescribed in the
Tender documents displayed at „e‟ market place. The tenderer shall invariably upload the Statement showing the list of documents to be produced in support of their Technical bid.
b) The tenderer shall sign on the statements, documents, certificates uploaded by him accepting responsibility for their correctness / authenticity.
c) Submission of Tenders shall be closed on e-tendering website at the date and time of submission indicated in NIT after which no tender shall be accepted. It shall be the responsibility of the tenderer to ensure that his tender is submitted online on e- tendering website before the deadline of submission. APCRDA will not be responsible for non receipt of tender documents due to any delay and / or loss.
d) The price bids of such bidders, who are determined to have complied with the Qualification criteria and Eligibility Requirements, and approved by the competent authority will only be opened.
e) If the office happens to be closed on the dates specified above in the NIT, the respective activity will be performed at the designated time on the next working day without any notification.
f) APCRDA reserves the right to accept or reject any or all tenders without assigning any reasons. No tenderer shall have any cause of action or claim against the APCRDA for rejection of his proposal. APCRDA also reserves the right to call off tender process at any stage without assigning any reason.
g) The Commissioner, APCRDA is the “Employer”. The “Director Accounts”
is Authorised authority to conclude the agreement. Any other details can be had from the office of the Director (Accounts), Vijayawada.
h) All the bidders are requested to follow up the e-procurement website for additional information, like addenda, and corrigenda on www.apeprocurement.gov.in and no paper publication will be issued.
i) The tenderer is requested to download the tender document and read all the terms and conditions mentioned in the tender Document and seek clarification if in doubt from the Tender Inviting Authority. Any offline bid submission clause in the tender document shall not be considered except Bid Processing
D.D. The tenderer has to keep track of any changes by viewing the addendum / Corrigendum's issued by the Tender Inviting Authority on time-to- time basis in the E-Procurement platform. The Department calling for tenders shall not be responsible for any claims/problems arising out of this.
j) The tenderer should complete all the processes and steps required for bid submission. The successful bid submission can be ascertained once
acknowledgement is given by the system through bid submission number after completing all the process and steps. GOAP is not responsible for incomplete bid submission by Bidders may also note that the incomplete bids will not be saved by the system and are not available for the Tender Inviting Authority for processing.
If the successful tenderer fails to sign the Contract Agreement, the contract Registration will be suspended for a period of One year duly forfeiting the Bid Security as per G.O.Ms.No.259, T.R&B (Roads-V) Dept., dt.6.9.2008.
13. Firms Ineligible to bid:
i) A retired officer of the Govt. of AP or Govt of India executing the works is disqualified from tendering for a period of two years from the date of retirement without the permission of the government.
ii) The tenderer who has employed any retired officer as mentioned above shall be considered as an ineligible tenderer.
iii) The contractor himself or any of his employees is found to be Gazetted Officer who retired from Government Service and had not obtained permission from the Government for accepting the contractor‟s employment within a period of 2 years from the date of his retirement.
iv) The contractor or any of his employees is found at any time after award of contract, to be such a person who had not obtained the permission of the Government as aforesaid before submission of the tender or engagement in the Contractor‟s service.
v) The Auditors appointed or any person employed by him shall not have any direct or indirect interest, whether pecuniary or otherwise, in any matter concerning or related to the administration or functions of the APCRDA,
vi) Contractor shall not be eligible to tender for works in the division/circle where any of his relatives are employed in the rank of Divisional Accounts officer and above on the administrative side. The contractor shall intimate the names of the persons who are working with him in any capacity or subsequently employed. He shall also furnish a list of Gazetted/Non-Gazetted State Government employees related to him. Failure to furnish such information, tenderer is liable to be removed from the list of approved contractors and his contract is liable for cancellation.
Note: Near relatives include sons. step sons, daughters, step daughters, son-in- law, daughter-in-law, brother-in-law, sister-in-law, brothers, sisters, father, mother, wife, husband, father-in-law, mother-in-law, nephew, niece, uncle, aunt, cousins and any person residing with or dependent on the contractor.
Form 1 IV…..FORMS FOR BIDDING
Name of Contract: ..............
To: Sir,
Bidder Acceptance
(On Bidder‟s letter head)
Date: .......................
Having examined the bidding documents, including Addenda, the receipt of which is hereby acknowledged, we, the undersigned, offer to [specify scope of the contract] under the above named Contract in full conformity with the said bidding documents for the sum specified in financial bid form or such other sums as may be determined in accordance with the terms and conditions of the Contract. The above amounts are in accordance with the price schedules attached herewith and are made part of this bid.
We undertake, if our bid is accepted, to commence performance and to achieve completion within the respective times stated in the bidding documents.
If our bid is accepted, we undertake to provide an advance security and a performance security in the form and amounts and within the times specified in the bidding documents.
We agree to abide by this bid for a period of [ specify number ] days from the date fixed for submission of bids as stipulated in the bidding documents, and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period.
Until a formal contract is prepared and executed between us, this bid, which consists of the letter and Attachments 1 through [ ] hereto, together with your written acceptance thereof and your notification of award, shall constitute a binding contract between us. The bidder undertakes that there shall not be any Conflict of Interest against APCRDA as given in the definitions of the contract of this bid document.
We understand that you are not bound to accept the lowest, or any bid you may receive. Dated this........... Day of 2023
....... (Signature) In the capacity of
...... (Position)
Duly authorized to sign this bid for and on behalf of (Name of bidder)
Form 2
Power of Attorney for signing of Bid
Know all men by these presents, We,. (name of the firm and address of the registered
office) do hereby irrevocably constitute, nominate, appoint and authorize Mr. /Ms (Name), son/ daughter/ wife of………and presently residing at ,who is presently employed
with us and holding the position of , as our true and lawful attorney (herein
after
referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our bid
for Name of Bid [insert: Name of Bid from Bid data sheet] proposed by _(the
“Authority”) including but not limited to signing and submission f all applications, bids and
other documents and writings, participate in bidders‟ and other conferences and providing information/ responses to the Authority, representing us in all matters before the Authority,
signing and execution of all contracts including the Agreement and undertakings consequent
to acceptance of our bid, and generally dealing with the Authority in all matters in connection with or relating to or arising out of our bid for the said Scheme and/or upon award there of to us and/or till the entering into of the Agreement with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deed
sand things done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers here by conferred shall and shall always be deemed
to have been done by us.
In witness whereof we, ,the above named principal have executed this
power of attorney on this day of , 2023.
For… (Signature, name, designation and address)
Witnesses:
1
2
Accepted Notarized
Signature, name, designation and address of the
Attorney)
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants (s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.
The Power of Attorney should be executed on a non-judicial stamp paper of Rs. 20 (Twenty) and duly notarised by a notary public.
Wherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a board or shareholders resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.
Form 3
PROFILE OF THE FIRM:
(To be provided on the Letter Head of the Firm and upload in the technical stage)
Sl
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Particulars
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Details
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01
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Name and Address of the Chartered/Cost Accountants Firm
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02
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Date of Registration with Institute of Chartered/Cost Accountants of India (Self-
Attested copy of Registration Certificate issued by Institute of Chartered/Cost Accountants of India to be furnished.)
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Date of Incorporation/ Registration:
Date of Opening of Main Office or Branch Office
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03
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Year of empanelment with Comptroller &
Auditor General of India. (Self Attested copy of latest Comptroller & Auditor General of India Empanelment Letter to be attached.)
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04
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No. of FCA Partners as on March 31st, 2022 (Self- Attested copy of latest Constitution Certificate from Institute of Chartered/Cost Accountants of India to be furnished.)
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05
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Name, Designation, Contact No. and Address of the Contact Person/ Local Representative
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06
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Must be having a minimum Five years of experience as on 31st March 2022 during last 10 years in conducting Tax Audit of Central or State Autonomous Bodies and the annual turnover exceeding Rs. 10 Crores. (Self- Attested copies ofAppointment Letters/Agreements/Work Orders issued by such
Central or State Autonomous Bodies along with extract of Audited Financial Statements in support of income or expenditures to be furnished of such Central or State Autonomous Bodies.)
Upload Form-4
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Separate Sheet may be
attached ,if needed comprising of following details:
- Name of Client
- Date of Contract
- Duration of Engagement
- Contract Value
- Contract Status (Completed/Ongoing)
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07
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No. of Staff of the Firm (Self-Attested copy of
Documentary evidence in this respect to be furnished.) Upload Form-4b
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08
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Date of Registration under Goods & Service
Tax Act. (Self-Attested Goods and Service Tax Registration Certificate to be attached.)
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09
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Average Annual Income/ Turnover of the Firm for last 3 Financial Years i.e. from 2019-20 to 2021-22. (Self- Attested copies of Audited Profit & Loss Accounts and Balance Sheets to be attached.
Certificate from the Statutory Auditor
In case the Bidder does not have a Statutory Auditor, it shall provide the certificates from its chartered accountant that ordinarily audits the annual accounts of the Bidder.
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F.Y. Income (Rs. In Lakh)
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10
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The firm/ partner has not been debarred/blacklisted by any Bank / State Govt. / Central Govt./ State PSU/ CPSU/SEB/ Public Utility as on date. Upload Form-5
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11
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There should be no legal suit/criminal case pending or contemplated against CA firm on the ground of moral turpitude or for violation of any law in force. Upload Form-5
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12
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Any other details the firm would like to furnish (Example: Awards & Accreditations)
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Note: (i) Information may be furnished in separate sheet (s) wherever necessary. (ii) In case of documents, they should be self-attested photocopies.
We hereby agree with all the terms and conditions of the NIT and we hereby undertake to abide by same.
Date: Authorized Signatory
Place: (Signature and seal of the authorized signatory)
Form 4
Experience Record
All individual firms must complete the information in this form with regard to the contracts generally. The information supplied should be the annual turnover of the Bidder, in terms of the amounts billed to clients for each year for work in progress or completed, at the end of the period reported. The annual periods should be calendar years, with partial accounting for the year up to the date of submission of applications. This form may be included for Sub Contractor only explicitly permits experience and resources of (certain) Sub Contractor to contribute to the Bidder‟s qualifications.
S. No.
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Name of Contract/ Appoint
ment
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Client
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Period
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Fee of the Contract/Appointment
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Complete d Yes/No
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Note: Enclose copy of Appointments
Form 4b
Personnel Capabilities
Name of the Bidder
For specific positions essential to contract management and implementation (and/or
those specified in the Bidding Documents, if any), Bidders should provide the names of at least two candidates qualified to meet the specified requirements stated for each
position. The data on their experience should be supplied on separate sheets using one Form 4b for each candidate.
1.
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Title of position
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Name of prime candidate
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2.
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Title of position
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Name of prime candidate
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3.
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Title of position
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Name of prime candidate
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4.
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Title of position
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Name of prime candidate
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Candidates Summary
Position
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Candidate Prime Alternative
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Candidate Information
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Name of candidate
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Date of Birth
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Present Employment
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Professional Qualifications
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Name of Employer
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Address of Employer
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Telephone
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Contact (Manager/personal officer)
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Fax
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Telex
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Job title of candidate
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Years with present Employer
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Indicate particular technical and managerial experience to the project.
From
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To
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Company/project/position/relevant technical and management
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Form 5
DECLARATION OF THE TENDERER
- The firm/ partner has not been debarred/blacklisted by any Bank / State Govt. / Central Govt./ State PSU/ CPSU/SEB/ Public Utility as on date.
- There should be no legal suit/criminal case pending or contemplated against CA firm on the ground of moral turpitude or for violation of any law in force.
- I/We have not been demoted to the next lower category for not filing the tenders after buying the tender schedules in a whole year and my/our registration has not been cancelled for a similar default in two consecutive years.
- I/We declare that all the Certificates/Documents uploaded by Me/Us are Genuine.
- I/We agree to disqualify me/us for any wrong declaration in respect of the above and to summarily reject my/our tender.
Signature of the tenderer.
Form 6
FINANCIAL PROPOSAL (To be uploaded only in Commercial template)
Name and Address of the Bidder:
Price Details:
Sl. No
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Particulars
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Consolidated Audit fee
(Excluding GST)
(for total contract period of 12 Months )
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01
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Audit Fees for the scope of work as per NIT
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Minimum Audit fee for engaging auditor is Rs. 7 Lakhs per annum (exclusive of all Taxes).
The Consolidated Audit fee should be quoted inclusive of Travelling Allowance.
Total Price Excluding GST for total contract period of 12 months is Rs.-
(in words) GST will be paid at the applicable rate.
Note: If there is a discrepancy between words and figures, the amount quoted in e- procurement portal shall prevail.
We hereby agree with all the terms and conditions of the NIT and we hereby undertake to abide by same.
Date: Authorized Signatory
Place:
(Signature and seal of the authorized signatory)
V CONDITIONS OF CONTRACT
- GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
- "Applicable Law" means the laws and any other instruments having the force of law in India, as they may be issued and in force from time to time;
- "Contract" means the Contract signed by the Parties, to which these Conditions of Contract (CC) are attached, together with all the documents listed in Clause 1 of such signed Contract;
- “Contract Price” means the price to be paid for the performance of the Services
- "CC" means these Conditions of Contract;
- "Party" means the APCRDA or the Auditor, as the case may be, and Parties means both of them;
- "Personnel" means persons hired by the Auditor as employees and assigned to the performance of the Services or any part thereof;
- "Services" means the work to be performed by the Auditors pursuant to this Contract.
1.2 Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.
1.3 Language
This Contract has been executed in the English Language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.
1.4 Notices
Any notice, request or consent made pursuant to this Contract shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, or facsimile or by courier with delivery acknowledgment to such Party at the address of APCRDA at VIJAYAWADA.
1.5 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the APCRDA or the Internal Auditors may be taken or executed by the officials specified below;
For the APCRDA: Director Accounts APCRDA.
For the Auditors: ----------------------
1.6 Taxes and Duties
The Internal Auditors and the personnel shall pay the taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the APCRDA shall perform such duties in regard to the deduction of such tax as may be lawfully imposed.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
2.1 Effectiveness of Contract
This Contract shall come into effect on the date the Contract is signed by both Parties.
2.2 Commencement of Services
The Internal Auditors shall begin carrying out the Services fifteen (10) days after the date the Contract becomes effective.
2.3 Expiration of Contract
Unless terminated the period of contract shall be one year or after all the obligations under this contract have been fulfilled by the Auditor or such other period as the parties may agree in writing.
2.5 Modification
Modification of the terms and conditions of this Contract, including any modifications of the scope of the Services or of the Contract Price, may only be made by written agreement between the Parties. In case of additional work beyond the scope of services specified the payment for such additional services shall be derived from the cost of deployment of
manpower as quoted by the Auditor in their financial proposal.
2.6 Force Majeure
2.6.1 Definition
For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.
2.6.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.
2.6.3 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
2.7 Termination
2.7.1 By the APCRDA
The APCRDA may terminate this Contract, by not less than thirty (30) days‟ written notice of termination to the Auditors
(a) if the Auditors do not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days of receipt after being notified or within such further period as the APCRDA may have subsequently approved in writing;
(b) if the Auditors become insolvent or bankrupt;
(c) if, as the result of Force Majeure, the Auditors are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or
(d) if the Auditors, in the judgment of the APCRDA has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.
For the purpose of this clause:
“Corrupt practices” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution.
“fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the APCRDA,
and includes collusive practice among Auditor (prior to or after
submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the APCRDA of the benefits of free and open competition.
(e) if the Auditors violates Condition of Contract and APCRDA decides to terminate the contract.
(f) if the APCRDA, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.
2.7.2 By the Auditors.
The Auditors may terminate this Contract, by not less than thirty (30) days' written notice to the APCRDA,
(a) if the APCRDA fails to pay any monies due to the Auditors pursuant to this Contract and not subject to dispute hereof within forty-five (45) days after receiving written notice from the Auditors that such payment is overdue;
or
(b) if, as the result of Force Majeure, the Auditors are unable to perform a material portion of the Services for a period of not less than sixty (60) days.
2.7.3 Payment upon Termination
Upon termination of this Contract the APCRDA shall make payments to the Auditors on account of remuneration for Services satisfactorily performed prior to the
effective date of termination;
3. OBLIGATIONS OF THE AUDITORS.
3.1 General
3.1.1 The Auditors shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices and shall observe sound management practices and employ appropriate advanced technology and safe methods. The Auditors shall always act in respect of any matter relating to this Contract or to the Services, as faithful advisers to the APCRDA and shall at all times support and safeguard the APCRDA's legitimate interests in any dealings with other l Auditors or third
parties.
3.2 Conflict of Interests
3.2.1 IThe Auditors Not to Benefit from Commissions, Discounts, etc.
The remuneration of the Auditors shall constitute the Auditors' sole remuneration in connection with this Contract or the Services, and the Auditors shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Auditors shall use their best efforts to ensure that the Personnel shall not receive any such additional remuneration.
3.2.2 The Auditors and Affiliates Not to Be Otherwise Interested in Project
The Auditors agree that, during the term of this Contract and after its termination, the Auditors and their affiliates shall be disqualified from providing services (other than the Services and any Continuation thereof) for any project resulting from or closely related to the Services.
3.2.3 Prohibition of Conflicting Activities
Neither the Auditors nor their Personnel shall engage, either directly or indirectly, in any of the following activities:
(a) During the term of this Contract, any business or professional activities in the Government's country which would conflict with the activities assigned to them under this Contract;
3.3 Confidentiality
Auditors and their Personnel shall not, either during the term or after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract, or the APCRDA's business or operations without the prior written consent of the APCRDA.
3.4 Insurance to be taken out by the Auditors
The Auditor shall take out and maintain, at their own cost but on terms and
conditions approved by the APCRDA, insurance against the risks, and for the coverage, the Professional Liability Insurance, with a minimum coverage equal to total contract value for this consultancy for the period of contract at the APCRDA's request, shall provide evidence to the APCRDA showing that such insurance has been taken out and maintained and that the current premiums have been paid.
3.5 Reporting Obligations
The l Auditors shall submit to the APCRDA the reports and documents as specified.
3.6 Documents Prepared by the Auditors to be the Property of the APCRDA
All reports, manuals and other documents submitted by the Auditors shall become and remain the property of the APCRDA, and the Auditors shall, not later than upon termination or expiration of this Contract, deliver all such documents to the APCRDA, together with a detailed inventory thereof. The Auditors may retain a copy of such documents. The Auditors shall not use these document for purposes unrelated to this contract without prior and written approval of the APCRDA.
4. AUDITORS PERSONNEL
4.1 Removal and/or Replacement of Personnel
(a) Except as the APCRDA may otherwise agree, no changes shall be made in the Senior Personnel. If, for any reason beyond the reasonable control of the Auditors, it becomes necessary to replace any of the senior Personnel, the l Auditors shall forthwith provide as a replacement a person of equivalent or better qualifications.
(b) If the APCRDA finds that any of the Personnel have (i) committed serious misconduct or has been charged with having committed a criminal action, or (ii) have reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Auditors shall, at the APCRDA's written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the APCRDA.
(c) The Auditors shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of Personnel.
5. OBLIGATIONS OF THE APCRDA Services and Facilities
The APCRDA shall make available to the Auditor the Services and Facilities.
6. PAYMENTS TO THE Auditors.
6.1 Contract Price
The contract price shall be as indicated in Letter of Acceptance and payable in Indian Rupees.
7. SETTLEMENT OF DISPUTES
7.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.
7.2 Dispute Resolution
If either Party objects to any action or inaction of the other Party, the objecting Party may file a written Notice of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving the Notice of Dispute will consider it and respond in writing within fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days, or the dispute cannot be amicably settled within fourteen
(14) days following the response of that Party.
7.3 Arbitration:
Any dispute between the Parties arising under or related to this Contract that cannot be settled amicably may be referred to by either Party to the adjudication/arbitration.
7.4 Documents forming the part of contract: Bid Documents.
VISPECIAL CONDITIONS OF THE CONTRACT.
1) APCRDA may advise the firm to disengage any of its staff from service,
with 24 hours prior intimation, in case the Competent Authority of APC RDA found any negligence on the part of that particular staff.
2) The firm shall be totally responsible for the conduct of the personnel engaged for the service and the Institute shall not be responsible for their conduct at any point of time.
3) In case of any damage/ pilferage caused to the property of APCRDA due
to mishandling, carelessness of the firm‟s personnel, the same shall be recovered from the firm adjusting the amount against their quarterly bill.
4) The persons deployed shall, during the course of their work, will have access to classified documents, which they are not supposed to divulge to third parties. Any breach of this condition shall make the firm liable for penal action under the applicable laws besides action for breach of contract.
5) APCRDA shall provide suitable place for sitting for the deployed persons.
6) The firm shall also be liable for depositing all taxes, levies, cess, etc. on account of service rendered to APCRDA with the concerned tax collection
authorities, from time to time, as per the applicable rules and regulations. The firm shall have the responsibility to furnish documentary evidence in support of the
statutory compliance to APCRDA as and when sought for.
7) The Tax Deducted at Source (TDS) shall be done as per the provisions under Income Tax Act and A P C R D A shall provide TDS certificate to theAgency.
8) In case of non-performance, part performance or non- adherence of the statutory obligations due to negligence on part of the Firm, penalty would be imposed by the APCRDA proportionate to the extent of default/ non- compliance.
9) APCRDA shall not be responsible for any financial loss or any injury to any person deployed by the Firm in the course of their performing the functions/duties, or for payment towards any compensation.
10) The Firm shall provide a suitable substitute well in advance if there is any probability of the person leaving the job due to his/ her own personal reasons. The payment in respect of the overlapping period of the substitute shall be the responsibility of the Firm.
11) The firm should have its office in Vijayawada and Guntur or the successful bidder should establish its office in Vijayawada with in 10 kms from APCRDA office along with specified personnel before concluding agreement.
12) Penalty Clauses
- In case the Firm fails to commence/ execute the work as stipulated in the agreement or there is a breach of any terms and conditions of the tender and reserves the right to impose the penalty as detailed below:
a) 2% of cost of order/ agreement per week, up to 2 weeks delay.
b) After 2 weeks delay, APCRDA reserves the right to cancel the contract and withhold the agreement and get this job be carried out from other firm (s) from open market at the competitive rates. The defaulting firm will be blacklisted for a period of 3 years.
- For any breach of contract, APCRDA shall impose a penalty to the extent of Rs.
10,000/- only on the first occasion upon the firm in the event of breach, violation or contravention of any of the terms and conditions contained herein brought to the notice of APCRDA.
- If the lapse is repeated, the extent of penalty will be doubled on each such occasion.
The empanelment of the auditor will stand cancelled, without any prejudice to all available legal/other remedy/recourse in the event of any of the followings:-
- If the empanelment has been obtained on the basis of false information/mis statement.
- If the Auditor does not take up the audit in terms of the appointment/allotment letter.
- If the auditor fails to maintain/ honour confidentiality &secrecy in all respect.
- If the auditor fails to comply with any of the eligibility criteria/ other terms & conditions.
- If the auditor fails to provide the audit reports and mandated inputs of requisite quality within prescribed time limit.
LETTER OF ACCEPTANCE
[Date]
To: [Name of successful bidder]
[Address of successful bidder]
This is to notify you that your bid dated [enter date] for the execution of the [name of the contract as given in the bidding data] for the contract price of the equivalent of [amount in numbers and words, and name of currency/currencies], as corrected and modified in accordance with the Instructions to Bidders, is hereby accepted by our agency. You are hereby required:
(a) to submit the performance security / Performance Bank Guarantee [ specify as provided in the bidding documents];
(b) to sign the attached contract agreement and return [ specify as provided in the bidding documents ]; and
(c) to commence execution of the said contract in accordance with „ The Contract‟ documents.
Authorized signature......................................………....
Name and title of signatory..........................................
Name of agency............................
FORM OF CONTRACT
This CONTRACT (hereinafter called the "Contract") is made the_
day of the month of , 2023, between, on the one hand, Capital Region Development Authority (hereinafter called the (“APCRDA”) and, on the other hand,
_hereinafter called the (" Auditorss ").
WHEREAS
The APCRDA has requested the Auditors to provide certain services as defined in the Conditions of Contract attached to this Contract (hereinafter called the “services”.)
The Auditors, having represented to the APCRDA that they have the required professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
- The following documents attached hereto shall be deemed to form an integral part of this Contract:
(a) The Conditions of Contract (hereinafter called "CC");
(b) The following:
Terms of Reference, Form1, Form2, Form 3, Form 4, Form 4b, Form 5 and Form 6 containing inter-alia, the description of the services, reporting requirement and qualification, requirements of the personnel. Technical Proposal; and Financial proposal.
- The mutual rights and obligations of the APCRDA and the Auditor shall be as set forth in the Contract, in particular:
(a) Thel Auditor shall carry out the Services in accordance with the provisions of the Contract; and
(b) The APCRDA shall make payments to the Auditors in accordance with the provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
WITNESS FOR AND ON BEHALF OF APCRDA
(Authorized Representative)
WITNESS FOR AND ON BEHALF OF [NAME OF AUDITORS]
(Authorized Representative)
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